Professional Documents
Culture Documents
of the #bilippine$
fla(ata8ang
MALAC&IIWG RECO~DSOFFICE
Madam :
I have the honor to transmit for your information and guidance, a certified copy of
Republic Act No. 9500 dated April 29, 2008 e~iftled"AN ACT TO STRENGTHEN
THE UNIVERSITY OF THJE PHILIPPINES AS THE NATIONAL
UNIVERSITY ".
MAFUANITO M.
Director IV
Malacafhng Records Office
Rm 101, Mabini Hall, MalacaAang, Manila Telefax No. 736-1018,736- 1346,735-6201 loc. 60 16
r.30739
S. No. 1964
11. No. 2845
[ REPUBLICACTNo. 9 50 0 1
AN ACT TO STRENGTHEN THE UNNERSITY OF THE
PHILIPPINES AS THE NATIONAL LJNIVEWm
(e) Protect and promote the professional and economic SEC. 7. Commitment to National Development. - The
rights and welfare of its academic and non-academic personnd; national university shall harness the expertise of the members
of its community and other individuals to regularly study the
(f) Provide opportunities for training and learning i n state of the nation i n relation to its quest for national
I
leadership, responsible citizenship, and the development of development in the primary areas of politics and economics,
democratic vdues, institutions and practice through academic among others, identlfy key concerns, formulate responsive
a n d non-academic programs, including sports aild t h e policies regarding these concerns, and give advice a n d
enhancement of nationalism and national identity; recommendations to Congress and t h e president of t h e
Philippines.
(g) Serve a s a regional a n d global university i n
cooperation with international and scientiGc unions, networks
The Congress of the Republic of the Philippines, the SEC. 11. Institutional Autonomy a,s t h e National
Supreme Court and other lower courts, other government University. - To provide greater flexibility, it shall be treated
agencies and instrumentalities as well as any constitutional in a manner consistent with its institutiond requirements as
body may request the national university to conduct research the national university by the service-wide agencies in the
#
or provide advice on any matter involving public policy. The exercise of their respective jurisdiction. T a b g into account
budget for such research or request for advice shall come from national goals and priorities, it shall exdusively dei%rsnim its
-1 1, ;m,'
the appropriation of these public agencies. .-7 -a" , - teaching, research a n d extension thrusts, plans, p o l i d e ~ ,
8
(p) To receive in trust legacies, gifts and donations of SEC. 15. The Secretary of the University a d of the
real and personal property of all kinds and to administer and Board of Regents. - There shall be a Secretary of the
dispose the same when necessary for the benefit of the national University appointed by the Board, who shall also be the
university and subject to the instructions of the donor, if any; Secretary of the Board, and who shall keep such records, of
the University a s may be designated by the Board.
(q) Notwithstanding any provision of law to the contrary,
to authorize its faculty and staff to travel abroad to study, SEC. 16. 2 7 ~University Council. - There shall be in each
deliver papers, attend conferences and disseminate research: constituent university a University Council consisting of the
Provided, That the fellowship, scholarship or grant i s Chancellor as Chairperson, and all faculty members in the
authorized by the Board: Provided, finally, That research and constituent university holding the rank of assistant professor
other activities funded by the national university shall likewise and higher as members.
undertake research in fields or topics that have promising
commercial applications, and that the faculty and staff involved SEC. 17. Powers o f the University Council. - The
in said research be allowed to participate in its financial or University Council shall be the highest academic body of each
economic benefits; constituent university and shall exercise the following powers:
(r) To exercise the general powers set out i n the (a) Fix the requirements for admission to any college or
Corporation Code; unit, graduation, and the grant of honors subject t o the
minimum system-wide requirements;
(s) To delegate any of its powers to the President of the
University or other officials or officers a s i t may deem (b) Prescribe the academic programs including their
necessary; institution, revision, abolition and merger, subject to the
approval of the Board;
(t) To prescribe rules for its own government and the
discipline of the faculty and other personnel and to enact for (c) Recommend to the Board the graduation of students
the government of the national university such general policies, and the grant of honors;
rules and regulations, not contrary to law, as are consistent
with its purposes; and (d) Exercise disciplinary power over the students,
through the Chancellors or their appropriate committees,
(u) To exercise such powers a s may be proper an: subject to review by the President of the University according
necessary to carry s u t the objectives of this Act. to the limits prescribed by system-wide rules on student
discipline;
SEC. 14. The President of the University. - The
President of the University is the chief academic officer, head i (e) Undertake the periodic review of academic courses,
of the university faculty and the chief executive officer of the programs, standards, thrusts and policies; and
University. The President of the University shall exercise the f
powers specifically provided for in this Act, those determined (f) Adopt internal rules of procedure consistent with the
by the Board, those which pertain to the office of the president provisions of this Act.
of a university, and those which are related or necessary to
its functions. The Board shall determine the compensation
of the President of the University.
SEC. 18. The Chancellor of the Constituent University. requirements for professional regulatory boards shall not affect
- The Administration of each constituent university is vested appointments t o faculty positions. In the appointment of
in the Chancellor insofar as authorized by the Board and the faculty members, no religious test shall be applied, nor shall
President of the University. The Chancellor of the constituent the religious or political opinions or &fiations of the faculty
university shall be elected by the Board upon nomination of members of the national university be made subject of
the President of the University, following a process of examination or inquiry.
consultation with the constituents of the constituent university
based on standards and guidelines set by the Board. The SEC. 21. S t u d e n t A f f a i r s . - (a) There shall be
Chancellor shall report to the President of the University, and established in the national university the following student
shall perform the duties and fundions elsewhere stated in this councils: for every college and degree-granting institute, a
Act, and all the usual, necessary and related functions of the college or institute student council; and for every constituent
Office of the Chancellor, subject to the policies and rules university, a university student council; and for the University
prescribed by the Board. The Board shall determine the term System, a general assembly of all student councils.
and compensation of the Chancellor. If a Chancellor fails to
complete hisher term, the President shall appoint a n acting The student council shall be composed of elected students
Chancellor while a search process is in progress. I n no case of a definite academic unit of the national university. Each
shall the search and election of the next Chancellor be longer member of the student council shall serve for a term of one
than slxty (60) calendar days from the date when the vacancy (1) year, without prejudice to reelection.
occms.
The student council shall serve as the primary student
SEC. 19. The Faculty. - The teaching staff of each body that shall advance the interests, welfare, and aspirations
college shall constitute its faculty. The College Faculty shall of the students of the national university. I t shall have the
be presided over by a Dean. The Dean shall be elected by power to adopt internal rules of procedure consistent with the
the Board upon nomination of the President of the University provisions of this Act.
and recommendation of the Chancellor of the constituent
university, following a process of consultation with the (b) Subject to due and comprehensive consultation with
constituents of the college based on standards and guidehes the students, there shall be a student publication established
set by the Board. in every constituent unit and college to be funded by student
fees. Freedom of expression and autonomy in all matters of
If a Dean fails to complete hisher term, the Chancellor editorial and fiscal policy shall be guaranteed especially in the
shall appoint an acting Dean while a search process is in selection of its editors and staff.
progress. I n no case shall the search and election of the next
Dean be longer than sixty (60) calendar days from the date SEC. 22. Land Grants and Other Real Properties of the
when the vacancy sccurs. B University. -
SEC. 20. Appointment Requisites a n d Practice o f (a) The State shall support the University of the
Profession. - Faculty members, as well as research, extension Philippines System a s the national university in the form of
and professional staff (REPS) of the national university, shall lump sum amount, through general appropriations and other
be exempt as such from any civil service examinatioxl or financial benefits, and i n kind, through land grants and
regulation as a requisite to appointment. The provisions of donations and use of other real properties. To carry out the
existing law to the contrary notwithstanding, licensing intent of these grants, income derived from the development
of all land grants and real properties shall be used to Eurtber
the ends of the national university, as may be decided by the protect it from undue influence and control of commercial
Boal-u-d; interests: Provided, That such programs, projects o r
mechanisms shall be approved by the Board subject t o a
(b) Such parcels of land ceded by law, decree or transparent and democratic process of consultatim with the
presidential issuance to the University of the Philippines are constituents of the national university: Provided, furthr, That
hereby declared to be reserved for the purposes intended. The funds generated from such programs, projects or mechanisms
absolute ownership of the national university over these shall not be meant to replace, in part or in whole, the annual
landholdings, including those covered by original and transfer appropriations provided by the national government to the
certificates of title in the name of the University of the national university.
Philippines and their future derivatives, is hereby confirmed.
Where the issuance of proper certificates of title is yet pen& SEC. 23. Safeguards o n Assets Disposition. - The
for these landholdings, the appropriate government office shall preservation of the value of the assets of the national
expedite the issuance thereof within six months from the date university shall be of primordial consideration.
of effectivity of this Act: Provided, That all registration
requirements necessary for the issuance of the said titles have The sale of any existing real property of the national
been submitted and complied with; university shall be prohibited: Provided, That the Board may
alienate real property donated after the effectivity of this Act
(c) The Board may plan, design, approve andlor cause if the terms of the donation specifically allow it.
the implementation of land leases: Provided, That such
mechanisms and arrangements shall sustain and protect the Notwithstanding the provision of this Act or any other
environment i n accordance with law, and be exclusive of the law to the contrary, the lease of more than five (5) years of
academic core zone of the campuses of the University of the the assets of the national university and any transaction
Philippines: Provided, further, That such mechanisms and referred to in Section 22 shall be subject to the following
arrangements shall not conflict with the academic mission of conditions and procedures:
the national university;
(a) The transactions shall be discussed with t h e
(d) The Board may allow the use of the income coming members of the Board, in any of its formally convened regular
fiom real properties of the national university as security for or special meeting, a t least one (1) month before a decision
transactions to generate additional revenues when needed for is to be made;
educational purposes;
(b) The transactions shall be based on a multi-year
(e) The Board may approve the implementation of joint comprehensive development plan, crafted and developed by
ventures: Provided, That in the event real-properties of the . qualified urban planning professionals having at least five (5)
national university,are involved, only the income derived By y e a r s experience, with prior consultations with a n d
the University from the use of the real properties shall be the concurrence of third-party experts and duly approved by a
subject of its participation or obligation in the joint ventures: majority vote of all the members of the Board;
Provided, further, That no joint venture shall result in the
alienation of the real properties of the national university; and (c) The transactions shall be subject to competitive and
public bidding as provided under Republic Act No. 9184,
(0 Any plan t o generate revenues and other sources otherwise known a s the "Government Procurement Reform
from land grants and other real properties entrusted t o the Ad";
national university shall be consistent with the academic
mission and orientation of the national university as well a s
(d) In the case of two (2) failed biddings and negotiated the Philippines (IHAP), the Trust Offiwrs Association a! the
transactions, if undertaken, the Board, when considering the Philippines (TOAP) and the Financial Executive Institute of
approval of any such transaction, shall secure a fairness the Philippines (FIhZX). The members shall be entitled to
opinion report from an independent third-party body. This a reasonable per diem a s the Board may sp-. (b) The
body shall have five (5) members, three (3) of which shall be independent trust committee shall recommend to the Bowd five
nominated by the Bankers Association of the Philippines (BAF'), (5) universal banks selected on a prudent basis which Qu6L
Investment Houses Association of the Philippines (IHAP), departments shall manage the corporate m d 0 t h funds
Trust OfGcers Association of the Philippines, or the Financial through trust agreements of the national university on a mn-
Executive Institute of the Philippines (FINEX). The members directed basis: Provided, That any such agreement shall be
shall be entitled to a reasonable per diem as the Board may for a period of not more than two (2) years. (c) The
spec*. independent trust committee shall provide the Board with
direction on appropriate investment objectives and permissible
The fairness opinion report shall contain a statement investments with the view to preserving the value of the funds
expressing the opinion of the body as to the fairness t o the while dowing the University to earn a reasonable return
national university of the terms of the proposed transaction, thereon.
particularly its financial terms. The report shall include, but
not limited to, a review a n d analysis of the proposed SEC. 25. T a x Exemptions. - The provisions of any
transaction, financial statements, industry information, general or special law to the contrary notwithstanding:
economic conditions assumptions using management projections
and the assumptions used therein and a comparison of similar (a) All revenues and assets of the University of the
transactions: Provided, That if the Board differs with the P-pines used for educational purposes or in support thereof
fairness opinion report they shall justify their decision in shall be exempt from all taxes and duties;
writing and make this available to the community of the
national university. (b) Gifts and donations of real and personal properties
of all kinds shall be exempt from the donor's tax and the same
This provision shall not apply to leases granted to faculty shall be considered as allowable deductions from the gross
and staff as part of their benefit and those for academic income of the donor, in accordance with the provisions of the
purposes; and National Internal Revenue Code of 1997, a s amended:
Provided, That the allowable deductions shall be equivalent
(e) If the contract or transaction involves an amount to 150 percent of the value of such donation. Valuation of
more than Fifty Million Pesos ~50,000,000.00),it shall be assistance other than money shall be based on the acquisition
approved by three-fourths (314) of all the members of the Board: cost of t h e property. Such valuation s h a l l take into
Provided, That the splitting of contracts, which is by bre*g consideration the depreciated value of property in case said
up a contract into omaller quantities or amounts or dividiizg property has been used;
contract implementation into artificial or arbitrary phases or
subcontracts for the purpose of circumventing this provision, (c) Importation of economic, technical, vocational,
shall not be allowed. sciensc, philosophical, historical and cultural books, supplies
and materials duly certified by the Board, including scienSc
SEC. 24. Managenzent of Funds. - (a) There shall be and educational computer and software equipment, shall be
a n independent trust committee to be composed of the exempt from customs duties; a
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